Beginning on April 29, 2025, the EPA will hold a series of six listening sessions to receive input from stakeholders on key topics related to the regulation of “waters of the United States” (or “WOTUS”) in the wake of the U.S. Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency. The sessions, and any resulting WOTUS guidance or rulemaking, are likely to be of great interest to entities whose interests or activities intersect with the permitting jurisdiction of the U.S. Army Corps of Engineers – particularly as it pertains to “wetlands.” At present, EPA has scheduled sessions for State Regulators (April 29, 9:30 AM - 12:00 PM ET), Tribes (April 30, 1:00 PM – 3:30 PM ET), Industry and Agricultural Stakeholders (May 1, 9:30 AM - 12:00 PM ET), and Environmental and Conservation Stakeholders (May 1, 1:00 PM – 3:30 PM ET). Listening sessions for the general public and for local governments are still to-be-scheduled.
As previously discussed in our client insights, the Sackett decision held that only those wetlands which are indistinguishable from traditional navigable waters (such as streams, lakes, and rivers), due to having a continuous surface connection to such covered waters can be considered jurisdictional as adjacent wetlands, and subject to federal permitting requirements. A Memorandum between the Department of the Army, the U.S. Army Corp of Engineers, and EPA, published on March 12, 2025, further discusses the “continuous surface connection” requirement set forth in Sackett. The guidance memo expressly rescinds any prior guidance or training materials that “allow[] for wetlands far removed from and not directly abutting covered waters to be jurisdictional as adjacent wetlands[.]”
Registration to participate in the listening sessions is available at EPA’s website here. Written comments and feedback from stakeholders is also being accepted by EPA through April 23, 2025, and can be submitted electronically via the Federal eRulemaking Portal (https://www.regulations.gov) and email (OW-Docket@epa.gov; reference Docket ID No. EPA-HQ-OW-2025-0093).
